Rituparna Saha And ANR. v. State Of West Bengal And ORS.

57 20.02.2024 NB/AGM Ct. 24 In The High Court At Calcutta Constitutional Writ Jurisdiction (Appellate Side) WPA 26176 of 2023 Rituparna Saha & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Surya Prasad Chattopadhyay, Mr. Arjun Samanta.

..for the petitioners.

Mr. Malay Kr. Singh, Ms. Neelam Singh.

...for the State.

Mr. Sumanta Das, Ms. Atreyee Halder.

...for the private respondent.

On the prayer of the learned advocate representing the private respondent, leave granted for filing vakalatnama in the department in course of the day.

The petitioners complain of illegal and unauthorised construction at the behest of the respondent no.8. Allegation is that construction is being made without any sanctioned plan and without maintaining the mandatory side open spaces. Objection filed against such unauthorised construction is pending consideration.

Learned advocate representing the private respondent denies the allegation of the petitioners. It has been submitted that construction has been made in accordance with the plan sanctioned.

As it appears that the representation of the petitioner objecting to the illegal and unauthorized construction is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no.4 being the Pradhan to consider and dispose of the representation made by the petitioner strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties including the petitioner within a period of three months from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties including the petitioner immediately thereafter. A spot inspection shall be conducted to ascertain the nature and extent of unauthorized construction.

In the event the aforesaid respondent is of the considered opinion that the construction has been made either in violation of the plan sanctioned or devoid the sanction plan, then necessary steps shall be taken to deal with such unauthorized construction, in accordance with law. The aforesaid respondent shall restrict the consideration of the representation with regard to unauthorized construction only and not enter into or decide any private dispute of the parties regarding right, title and interest in respect of the aforesaid land.

It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left

open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner. The petitioner is directed to forward a copy of the representation dated 22nd August, 2023 to the aforesaid respondent at the time of communicating the order of the Court. The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)